Skyline Mechanical Service Pty Ltd

[2020] FWCA 4482

[2020] FWCA 4482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skyline Mechanical Service Pty Ltd
(AG2020/2203)

SKYLINE MECHANICAL SERVICES PTY LTD ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 26 AUGUST 2020

Application for approval of the Skyline Mechanical Services Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Skyline Mechanical Services Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skyline Mechanical Service Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2020. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

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<AE508830  PR722118>

Annexure A